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September 2017 Visa Bulletin – Cutoff Date for EB-2 ROW Remains; Last Visa Bulletin for The Fiscal Year

The U.S. State Department has just released the September 2017 Visa Bulletin which is the last Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the continued cutoff date for the EB-2 ROW, Mexico and Philippines categories, together with the notable forward movement in [...]

By | 2017-08-09T10:47:01+00:00 August 9th, 2017|Articles, EB-2, EB-3, News, News Alert, Visa Bulletin|

Premium Processing for H-1B Cases Starting to Come Back, Gradually

USCIS appears to be in the process of reinstating premium processing service for H-1B petitions.  On July 24, 2017, USCIS announced that they are reinstating premium processing for H-1B petitions filed by cap-exempt employers. Background of the H-1B Premium Processing Service Suspension Effective April 3, 2017, USCIS suspended the premium processing service for all H-1B [...]

By | 2017-07-27T12:49:19+00:00 July 27th, 2017|Articles, Employers, H-1B, News, News Alert|

How to Skip the Per-Country Immigrant Visa Line – Cross-Chargeability Options

Many of our readers follow closely our reports of the monthly Visa Bulletin which provides cutoff dates for those immigrant visa (green card) applicants who are current and have immigrant visa numbers available (i.e. their actual permanent resident “green” card is assigned an available number and can be issued).   The past several Visa Bulletins [...]

By | 2017-07-20T13:50:00+00:00 July 20th, 2017|Articles, I-485, News, Visa Bulletin|

August 2017 Visa Bulletin – EB-2 ROW Cutoff Date Introduced

The U.S. State Department has just released the August 2017 Visa Bulletin which is the eleventh Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the introduction of a cutoff date for the EB-2 ROW, Mexico and Philippines categories, together with the notable [...]

By | 2017-07-11T21:17:47+00:00 July 11th, 2017|AOS, Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

What is I-485 Supplement J and How to Properly Prepare and Use it?

Earlier this year USCIS introduced a new Form I-485 Supplement J which is being used in connection with filings of new I-485 applications to adjust status or for porting of existing and pending I-485 applications to a new employer or a new job.   The purpose of I-485 Supplement J is to provide a confirmation [...]

By | 2017-06-22T12:36:58+00:00 June 22nd, 2017|AC21, Articles, I-485, News|

USCIS Starts Mailing H-1B Cap Non-Selection Notices

Two months after completing the random H-1B cap lottery, USCIS has started mailing back the H-1B cap applications which were not selected under the random H-1B cap lottery.     While the H-1B cap receipts for selected cases were sent out by May 3rd,  many employers and applicants who had not heard by now had to assume that their [...]

By | 2017-06-19T09:45:45+00:00 June 19th, 2017|Articles, H-1B, News, News Alert, PERM|

PERM Processing Times (May 31, 2017)

Our office handles many ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing. The Department of Labor (“DOL”) has provided [...]

By | 2017-06-15T12:46:47+00:00 June 15th, 2017|Articles, DOL, News, PERM|

July 2017 Visa Bulletin – Major EB-3 China Retrogression, EB-3 India Advances Notably

The U.S. State Department has just released the July 2017 Visa Bulletin which is the tenth Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the significant 33-month retrogression in EB-3 China, the continued cutoff date for EB-1 India and EB-1 China and the notable [...]

By | 2017-06-09T21:21:38+00:00 June 9th, 2017|Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

Simeio RFEs: How to Handle “Simeio” RFE Due to Late H-1B Amendment Filing?

In our office, and in the broader H-1B community, we are seeing instances and reports of H-1B petition RFEs aimed at ensuring compliance with the Simeio-line of guidance issued by USCIS in 2015. Specifically, we are seeing RFEs on H-1B petitions (amendments, mostly, but also for extensions) where USCIS is questioning the timeliness or the [...]

By | 2017-06-08T09:44:51+00:00 June 8th, 2017|Articles, Compliance, H-1B, News|

USCIS Clarifies H-1B Master’s Cap Degree Must be Obtained While University is Accredited

The U.S. Citizenship and Immigration Service (USCIS) has issued a memorandum adopting the AAO decision in Matter of A-T-, Inc. and establishing policy guidance which will apply to and bind all USCIS adjudicators.    USCIS clarifies that in order to be able to qualify for an H-1B cap exemption based [...]

By | 2017-06-01T12:31:01+00:00 June 1st, 2017|AAO, Articles, F-1, H-1B, News, News Alert, Policy|